answersLogoWhite
Custody
Divorce and Marriage Law
Child Support

How does a parent who has primary physical custody obtain sole custodial rights?


Top Answer
User Avatar
Wiki User
2015-07-15 20:01:14
2015-07-15 20:01:14

In some states a petition can be filed by the primary custodian to amend the current custodial order.

The usual procedure is to file a new custody suit/petition in the appropriate state court in the county where the petitioner resides.

Judges are very reluctant to grant sole custody to one parent.

It is generally granted only when the non custodial parent agrees to relinquish their parental rights or a parent is found guilty of abuse and/or neglect and/or endangerment.

Related Questions

User Avatar

Not unless they obtain permission from the court that issued the original custodial order.

User Avatar

If the child has not reached the state's age for emancipation, the custodial parent must agree to the change or the non-custodial parent must petition the court to obtain equal or sole custody rights.

User Avatar

Not if the other parent has any parental rights. In that case the "primary" parent must obtain the consent of the court through a modification of the custody and visitation orders. It will go more smoothly with the consent of the non-custodial parent.

User Avatar

You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.

User Avatar

File a motion in the court that entered the custody/support order. You can find the forms for this at the Florida Courts website see links.


Copyright © 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.